Legal Opinion
McDonald v. Haught
Ohio Supreme Court
Decided April 5, 1967No. Nos. 40184 and 40420PublishedCited by 5 opinions
1Opinion of the CourtMatthias, J.
We are here presented with the question of whether it is necessary for a plaintiff in a negligence action to file a reply, denying an allegation of contributory negligence made by a defendant in his answer, where the defendant does not plead any facts supporting his allegation of contributory negligence. The Court of Appeals for Washington County has held that a reply is required. The Court of Appeals for Fayette County has held that it is not necessary to file a reply in such instance. We agree with the latter court that a reply is not necessary in such a case.
*45Section 2309.13, Revised Code,…
2Cases cited3 opinions
- Knisely v. Community Traction Co.Ohio Supreme Court · 1932
- Larimore v. WellsOhio Supreme Court · 1875
- DeWeese v. Security Savings Ass'nOhio Supreme Court · 1933
3Cited by5 opinions
- Davis v. Immediate Med. Serv., Inc.Ohio Supreme Court · 1997
- Gibbs v. LemleyOhio Court of Appeals · 1972
- Davis v. Immediate Medical Services, Inc.Ohio Supreme Court · 1997
- Doll v. Gladys Fuller Hair Stylists, Inc.Ohio Supreme Court · 1967
- Washington C. H. Construction Co. v. WallaceOhio Court of Appeals · 1967